Drug Charges

Penalties for drug possession in Pennsylvania are some of the toughest in the country. Despite more and more states decriminalizing certain drug offenses, a conviction for possession or intent to distribute in cities across our state offer severe consequences. While these charges vary on the type of drug and the circumstances of the possession, it’s important to consult an experienced drug charge defense lawyer to help you understand what’s at risk based on what types of drug charges are the most severe in Pennsylvania.

Common Drug Charges in Pennsylvania

While there are a number of different drug offenses within PA, the most common involve heroin, cocaine, and marijuana. The primary concern for law enforcement is stopping the trafficking of these substances, but charges for possession even without intent aren’t taken lightly either.

Since these drugs are all very different in their purpose and effects, they are penalized in different ways. Pennsylvania and federal law divide controlled substances into “schedules,” based on their potential for abuse and therapeutic value. Below are a few examples:

Schedule 1:Drugs that have a very high potential for addiction and abuse with no medical purposes. (Over 100 drugs are on the official list)
-Ecstasy
-GHB
-LSD
-Marijuna
-Heroin

Schedule 3:Drugs that may result in physical dependence or psychological dependence, but in general, have less potential for abuse than Schedule 1 & 2 and are often prescribed medically.
-Vicodin
-Anabolic steroids
-Xanax
-Ketamine
Codeine & Hydrocodone products mixed with aspirin or Tylenol

Schedule 4:Drugs that offer very limited possibility of becoming physically or psychologically dependent and are often prescribed medically.
-Alprazolam-Clonzaepam (Klonpin, Valpax, etc.)
-Valium

Schedule 5:Drugs that have very little risk of addiction and are prescribed medications. These drugs may sometimes be higher scheduled drugs in lower amounts.
-Cough medicines (with codeine)
-Zolpidem (Ambien, Stillnox, Zolpimist)

Pennsylvania Drug Charges & Penalties

Pennsylvania drug penalties are fairly straightforward: there are two basic misdemeanors – carrying up to one year in jail and/or a fine of up to $5,000 – and three felonies – Felony Possession with Intent (Drug Trafficking), Felony Possession with Intent To Deliver (PWID), and Unlawful Manufacturing. Depending on the Schedule in which the drug falls under, these charges can result in up to 15 years imprisonment and fines of up to $250,000 per count.

Marijuana Laws

Marijuana is still illegal in PA, so intentionally or knowingly having it within your possession can result in serious charges. These penalties will depend on the amount you are caught with at the time of your arrest, as well as whether or not you have been convicted in the past. For example, 30 grams or more could result in a maximum of one year sentence and $5,000 in fees, while the same amount as a third offense ups the potential jail time to 3 years.

Cocaine Laws

Weight is used to determine the severity of a drug charge involving cocaine. For example, less than 2 grams could result in one-year jail sentence and $5,000 in fines, while 2 to 10 grams of cocaine could receive a minimum 2-year sentence. You’ll also lose your driver’s license for 6 months to 2 years, depending on how many offenses are on your record.

It’s important to note that federal offenses for possession and trafficking may be much more severe depending on the circumstances of your arrest.

Heroin Laws

Heroin is considered the most dangerous of the Schedule 1 drugs listed above, and so is charged as such. In Pennsylvania, possession of 1 to 5 grams is a mandatory minimum 2-year sentence, largely due to the fact that there is no accepted medical use for heroin in PA.

There may also be programs you could be required to attend which provide rehabilitation to first-time offenders in an attempt to prevent a future offense.

IF you or someone you know if facing a serious drug offense, our dedicated team of criminal defense attorneys are here to help. With experience in all types of drug charges over the last 25 years in Pennsylvania and New Jersey, we’ll fight aggressively to minimize your penalties and protect your freedoms. Contact us today for a free consultation.

Opioid abuse has become a growing epidemic across the United States, which is why prosecutors are really cracking down on users and prescribers. In just one year (2016-2017), Opioid overdoses increased by 30% across 45 states. And in Philadelphia, Opioids now make up 60% of the drugs found by law enforcement, and twice as many people die from these overdoses than murder (over 700). If you’ve been arrested due to Opioid use or distribution, it’s important to understand the consequences you could face and your options to help you move on with your life. Here’s what happens after an Opioid arrest:

Penalties for Opioid PossessionIn Pennsylvania, there is no standard penalty for drug possession since it is dependent on a number of factors involved in every case. These typically include the type of drug, intended use, quantity and potency, and other circumstances regarding the arrest itself. But when it comes to being arrested for Opioid possession, you can expect the following repercussions:

Fines: These can be as much as $250,000, or even higher in situations where the defendant has earned significant amounts of money through drug trafficking. Courts have the power to implement fines and penalties that absorb all the drug-related income generated.

Jail or Imprisonment: This could range anywhere from a few days or weeks to as long as 15 years.

Probation: A judge may place a defendant on probation if they are a first-time offender or there was a relatively small quantity of Opioids found. But this doesn’t mean you get off easy, as standard probation terms can significantly impact a defendant’s daily activities and routine, including restricting interaction with any friends or acquaintances who are known for drug possession in the past.

Defense Against Opioid Charges

When these consequences are on the line, the best way to protect yourself is to contact an experienced criminal lawyer about your case. An arrest does not mean you are automatically charged with a crime so make sure you stay calm but take action right away. By speaking to a lawyer as soon as possible, they can help investigate any potential defenses that can be used to help your case. For example, if the drugs being seized illegally because the police didn’t follow the steps to proper search, or if you can prove the drugs belonged to someone else. Other defenses may include:

You were unaware of your possession of the drug – maybe you were driving someone else’s car where the drugs were found or were given the substance enclosed within something else without realizing what it was.

You had very limited quantities in your possession – if you were found in possession of a very small amount or potency of Opioids, penalties may be reduced on the basis that you had no intent to distribute

You have a prescription – you could avoid being charged if you have proof of prescription for the drug

What You Should Do After An Opioid Arrest

As always, the worst thing you can do is fight or resist the police during an arrest, but you don’t have to provide them with anything other than your basic information until you contact a lawyer. The first thing you should do is contact your lawyer as soon as you have the opportunity. If you don’t already have one, reach out to a trusted friend or family member who can contact one for you.

Secondly, if you are assigned bail until trial, you’ll most likely have to pay before you can leave. Speak to your lawyer about your options if you’re having trouble financially.

You’ll want to provide your lawyer with all the details of your arrest, describing how the police found the drug, under what circumstances the arrest took place, anyone else that was with you, etc. Everything you tell your lawyer is confidential, so it’s crucial to be honest with them as any detail could help you, or reversely, hurt you if not prepared.

Your lawyer will then advise you on the next steps. Following these instructions is extremely important as it can greatly impact your case. They’ll most likely start by telling you what to do and what to avoid, including sharing details of your arrest with other people or on social media.

If you or someone you know has been arrested for Opioid possession, don’t wait another minute to contact an experienced criminal defense attorney to fight for the best possible outcome. Call us today to discuss your case during a free consultation.

Anyone who is arrested for a serious crime wants to imagine the best possible outcome if they’re convicted. But few actually know what factors are taken into consideration to determine a criminal sentence. Fortunately, Pennsylvania law requires judges to recognize various facts and situations unrelated to whether or not the defendant is actually guilty of a crime, but that could be grounds for a more lenient punishment.

Mitigating vs. Aggravating Factors

Judges are required to consider two types of factors while determining a convicted person’s criminal charges in PA: mitigating and aggravating. Mitigating factors include any evidence provided regarding the defendant’s character or the circumstances of the specific crime that could support leniency. In opposition, aggravating factors are any relevant circumstances that were presented throughout the trial which would warrant the harshest penalty appropriate.

While some circumstances simply don’t permit consideration, a good criminal defense attorney will present all the relevant facts of the case, no matter how small or minor they may be, as it is ultimately up to the judge to decide which factors will have an impact on the sentence. This may mean that very personal aspects of the defendant’s life will be revealed in court, but any admissible detail could affect the outcome.

What Mitigation Factors Can Help Reduce My Charges?

It’s up to the defendant and their criminal defense lawyer to provide convincing facts if they hope to achieve mitigation. This data is typically viewed in two categories: information about the offense and information about the offender.

Some of these mitigating factors include:

Role in the Crime

If the defendant played a relatively minor role in the crime, such as accepting compensation to transport illegal drugs verses engaging in drug trafficking in Philadelphia, this may be a mitigating factor.

Victim CulpabilityVictim culpability refers to the participation or initiation of a crime. Whether someone started a fight in a domestic violence attack or reacted in defense with more force than necessary could impact the sentence.

Unusual CircumstanceA crime was committed while acting out due to emotional distress or substantial provocation is considered an unusual circumstance. This may include a DUI charge for choosing to drink and drive on the same day the defendant lost their job and broke up with their significant other.

Level of Harm

If no one was hurt as a result of the crime, this could also serve as a mitigating factor. An example being a carjacking was committed or property was stolen without harming the victim or anyone else in the process.

Relative Necessity

The motive of a crime may also be worthy of mitigation depending on the situation and relative facts. This would apply to a situation like a defendant stealing food from a grocery or convenience store in order to feel his starving family.

Drug or Alcohol Addiction

If drugs or alcohol were involved, it must have contributed to the crime, not just serve as a motive or excuse. The defendant would likely need to show a concerted effort in rehabilitation before a relapse resulted in the illegal action while under the influence for it to be a considerable factor.

There are a number of other mitigating factors that a judge will analyze during sentencing, which is why it’s so important to have the best criminal defense attorney to advise you on the exact information and circumstances that will reduce your charges and protect your future. Contact our experienced attorneys today to discuss your case through a free consultation.

Pennsylvania authorities cited two men for drug charges on April 2 following a traffic stop in Perry Township. Local police said they seized various items, including marijuana, cash, drug paraphernalia and an as-yet unidentified white powdery substance. The alleged offenders were a 35-year-old man and a 21-year-old man.

The driver was accused of possession of marijuana, a minor misdemeanor, while the passenger was cited for possession of drug paraphernalia, also a minor misdemeanor. The paraphernalia in question was a glass pipe found in a shoe. Police were waiting on U.S. Route 62 for a tan van with three men inside and Pennsylvania license plates. A man in the area had reported that three men in such a van were purporting to sell home entertainment systems door to door that were actually empty boxes.

When police looked in the van, they saw that there was equipment in the boxes being sold, but also claimed to smell the odor of marijuana. After the driver and two passengers were asked to step outside the vehicle for a search, the drugs and paraphernalia were found. Authorities said that they found the items, including $700 in cash, in a backpack in a concealed compartment of the van. Only two of the three van occupants were charged.

People facingdrug chargesin Pennsylvania could be at risk of life-altering consequences, including costly fines, mandatory probation check-ins and even jail or prison time. Convictions can mean a loss of a license or even a job as well as a permanent criminal record.

However, a criminal defense lawyer can help an alleged offender. For example, legal counsel couldchallenge police actionssuch as improper or illegal searches.

On April 17, a 29-year-old Pennsylvania man was taken into custody after police raided his Centre Township home and allegedly found drugs, firearms and an improvised explosive device, or IED. The raid took place at approximately 7:30 a.m.

According to a press release issued by authorities, officers from the Pennsylvania State Police and the Berks County Probation Office executed an arrest warrant at the defendant’s home on the 800 block of River Road in Mohrsville. They obtained the warrant because the probation office was informed the man was in possession of a gun. During the arrest, officers claim they saw drugs, two long guns and an IED sitting in plain view. The IED was reportedly 3 inches thick and around 10 inches long. Officers from the Hazardous Device and Explosive Section of the Pennsylvania State Police were called to the residence to dispose of the device.

The defendant is facing multiple charges, including drug possession with the intent to deliver, possession of prohibited offensive weapons and reckless endangerment. The investigation has not yet been completed.

Individuals facingdrug chargescan be subject to serious consequences. For example, defendants could be sentenced to lengthy prison terms and assessed steep fines if they are convicted. However, a defendant may be able to obtain a better outcome by working with a criminal defense attorney. An attorney may be able to investigate the case and build a defense against the allegations to get the charges dropped. Under certain circumstances, legal counsel might arrange for a defendant to complete a substance abuse program instead of going to prison.

Pennsylvania fans of radio personality Artie Lange may be interested in knowing more about the comedian’s unfolding drug case. Media sources report that Lange avoided jail time during a sentencing hearing in New Jersey on June 1. He had previously been charged with possession of drug paraphernalia and a controlled dangerous substance in May 2017.

A law enforcement official initially pulled Lange’s Range Rover over on the Garden State Parkway for erratic driving. Reports indicate that the official observed a bag ofheroinon Lange’s lap during the subsequent investigation.

Lange has been open regarding his history of drug use. He alerted his followers on Twitter of the impending hearing shortly before he arrived in court, expressing appreciation for the judge, his own attorney and the attorneys for the state. He indicated that he was hoping for a beneficial outcome.

In addition to attending an outpatient rehabilitation program, Lange was sentenced to four years probation and 50 hours of community service. Lange’s attorney commented that the sentence might allow his client to overcome his addictions while preserving his career.

Pennsylvania residents who are convicted on similardrug chargesmay be subject to serious consequences, including probation, prison time, loss of driving privileges and harsh fines. In some situations, a criminal defense attorney may be able to challenge the prosecution’s case and bring any potential deficiencies to light. From the first meeting with the client, the attorney could work to determine whether any constitutional rights had been violated and begin building a strong defense.

In your second year of college, you have your wisdom teeth removed. The doctor prescribes you some serious painkillers to take at home while you recover. Thankfully, you are young and healthy. You recover ahead of schedule, and the pain subsides long before you use up all of the medication.

You know you could take it until it is gone anyway, but you have read about people getting addicted to painkillers. You don’t want to take any chances, so you just set the pill bottle aside in the back of your medicine cabinet and forget about it.

Two months later, one of your roommates has a different type of medical procedure done, and he or she complains about the pain. The doctor did not think painkillers were needed and just told your roommate to use over-the-counter medications, like ibuprofen.

However, after two days of watching your roommate lie on the couch in pain, you remember that little bottle of painkillers. You offer them to your roommate. You just want to help, after all. Your roommate takes them, feels better, and gives you $20 to say thanks when the ordeal is over.

Was it legal?

Even though you did not intend to become a drug dealer, you technically broke the law, even if you did it accidentally. If you needed a prescription for those painkillers, theneveryone needs a prescriptionfor them. Your roommate was not allowed to use the drugs that had been prescribed to you.

Moreover, you are not allowed to sell them. Only doctors can write prescriptions. Only pharmacists can dispense them — and you are neither. While you obtained your medication legally, as soon as you opted to sell or give it away, you broke the law.

Who is in trouble?

You may wonder who would get in worse trouble, you or your roommate. The reality is that you both could. If you get caught selling, you could face charges for the illegal distribution of a controlled substance.

Your roommate could also face legal issues, especially if he gets caught driving while under the influence of those drugs. Some painkillers have drastic impacts that can make you feel far worse than if you drove drunk. They come with explicit directions telling you how to use them safely. During this illegal sale, did anyone tell your roommate about safe and responsible use?

Your rights

As you can see, good intentions can backfire. If you end up facing legal charges forbreaking drug lawsyou did not understand, make sure you know your legal rights going forward. If you are a parent whose college student has gone through this process, be sure you know all of the options you have to help them navigate the criminal defense process.